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H0256aa............................................by ENVIRONMENTAL AFFAIRS COEUR D'ALENE BASIN - Amends and adds to existing law to establish the "Basin Environmental Improvement Act." 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to Env Aff 03/07 Rpt out - to Gen Ord 03/12 Rpt out amen - to engros 03/13 Rpt engros - 1st rdg - to 2nd rdg as amen 03/14 2nd rdg - to 3rd rdg as amen 3rd rdg as amen - PASSED - 67-1-2 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Chase Absent and excused -- Campbell, Schaefer Floor Sponsor -- Pischner Title apvd - to Senate 03/15 Senate intro - 1st rdg - to Health/Wel 03/19 Rpt out - rec d/p - to 2nd rdg as amen 03/20 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 33-0-1-1 AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Whitworth, Williams, NAYS -- None Absent and excused -- Wheeler Excused -- Lodge Floor Sponsor -- Ipsen Title apvd - to House 03/22 To enrol - rpt enrol - Sp signed 03/23 Pres signed 03/26 To Governor 04/10 Governor signed Session Law Chapter 371 Effective: 04/10/01, w/ section 1 effective upon execution of order pursuant to 39-8106, Idaho Code, and order filed w/ Governor and Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 256 BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO WATER QUALITY; AMENDING SECTION 39-3613, IDAHO CODE, TO STRIKE 3 PROVISIONS ESTABLISHING THE COEUR D'ALENE RIVER COMMISSION; AMENDING TITLE 4 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 81, TITLE 39, IDAHO CODE, 5 TO ESTABLISH THE BASIN ENVIRONMENTAL IMPROVEMENT ACT, TO PROVIDE A SHORT 6 TITLE, TO EXPRESS THE POLICY OF THE STATE, TO PROVIDE DEFINITIONS, TO PRO- 7 VIDE FOR ESTABLISHMENT OF AGREEMENTS OR COMPACTS FOR PARTICIPATION IN THE 8 BASIN PROJECT, TO PROVIDE THAT THE GOVERNOR SHALL REQUEST RECIPROCAL LEG- 9 ISLATION, TO PROVIDE FOR CREATION OF THE BASIN PROJECT AND TO PROVIDE FOR 10 ESTABLISHMENT OF A BOARD OF COMMISSIONERS, COMPOSITION OF THE BOARD AND 11 POWERS AND DUTIES, TO PROVIDE FOR ESTABLISHMENT OF A BASIN FUND AND 12 FINANCING AUTHORITY AND ITS ADMINISTRATORS AND AUTHORITIES, TO PROVIDE 13 THAT THE FINANCING AUTHORITY MAY ISSUE NOTES AND BONDS, TO PROVIDE THAT 14 THE STATE WILL NOT IMPAIR VESTED RIGHTS CREATED BY NOTES AND BONDS, TO 15 LIMIT LIABILITY AND PROVIDE THAT NOTES AND BONDS ARE NOT A DEBT OF THE 16 STATE, TO PROVIDE THAT THE STATE MAY MAKE GRANTS TO THE FINANCING AUTHOR- 17 ITY, TO PROVIDE THAT NOTES AND BONDS OF THE FINANCING AUTHORITY ARE LEGAL 18 INVESTMENTS, TO PROVIDE THAT NOTES AND BONDS OF THE FINANCING AUTHORITY 19 ARE TAX EXEMPT, TO PROVIDE THAT THE CHAPTER IS SUPPLEMENTAL AND IS NOT A 20 LIMITATION ON POWERS AND TO PROVIDE THAT THE CHAPTER PREVAILS IF OTHER 21 LAWS ARE INCONSISTENT; AND DECLARING AN EMERGENCY. 22 Be It Enacted by the Legislature of the State of Idaho: 23 SECTION 1. That Section 39-3613, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-3613. CREATION OF BASIN ADVISORY GROUPS.(1)The director, in consul- 26 tation with the designated agencies, shall name, for each of the state's major 27 river basins, no less than one (1) basin advisory group which shall generally 28 advise the director on water quality objectives for each basin and work in a 29 cooperative manner with the director to achieve these objectives. Each such 30 group shall establish by majority vote, operating procedures to guide the work 31 of the group. Members shall be compensated pursuant to section 59-509(c), 32 Idaho Code. The membership of each basin advisory group shall be representa- 33 tive of the industries and interests directly affected by the implementation 34 of water quality programs within the basin and each member of the group shall 35 either reside within the basin or represent persons with a real property 36 interest within the basin. Recognized groups representing those industries or 37 interests in the basin may nominate members of the group to the director. Each 38 basin advisory group named by the director shall reflect a balanced represen- 39 tation of the interests in the basin and shall, where appropriate, include a 40 representative from each of the following: agriculture, mining, nonmunicipal 41 point source discharge permittees, forest products, local government, live- 42 stock, Indian tribes (for areas within reservation boundaries), water-based 43 recreation, and environmental interests. In addition, the director shall name 2 1 one (1) person to represent the public at large who may reside outside the 2 basin. Members named to the basin advisory groups shall, in the opinion of 3 the director, have demonstrated interest or expertise which will be of benefit 4 to the work of the basin advisory group. The director may also name as may be 5 needed those who have expertise necessary to assist in the work of the basin 6 advisory group who shall serve as technical nonvoting advisers to the basin 7 advisory group. 8(2) The governor shall establish a commission to be known as the Coeur9d'Alene River basin commission whose membership is stated below for the Coeur10d'Alene River basin, including the north and south forks of the Coeur d' Alene11River, the main stem of the Coeur d'Alene River, Lake Coeur d'Alene and the12Spokane River to replace and fulfill the duties of the basin advisory group13and the watershed advisory group for those rivers and Lake Coeur d'Alene as14stated in this section and sections 39-3614 through 39-3616, Idaho Code, as15these duties related to heavy metal impacts in the Coeur d'Alene River basin.16At the discretion of the governor, the commission may be asked to perform17duties other than those specified in sections 39-3613 through 39-3616, Idaho18Code. For duties related to sections 39-3613 through 39-3616, Idaho Code, the19commission shall report to the director. For all other duties assigned the20commission by the governor, the commission shall report to the governor, the21speaker of the house of representatives and the president pro tempore of the22senate. The governor shall appoint the following members of the commission:23one (1) representative of the governor; one (1) representative of the division24of environmental quality of the department of health and welfare; one (1) rep-25resentative of the department of lands; one (1) representative each of the26county governments of Benewah county, Kootenai county and Shoshone county; one27(1) representative of the trustees established under the settlement agreement28of May 3, 1986, entered in State of Idaho v. Bunker Hill Co., No. 83-3161 (D.29Idaho); two (2) representatives of the citizen's advisory committee of the30Coeur d'Alene basin restoration project; one (1) representative of the mining31industry; and one (1) representative of other affected industries.32In addition to the governor's appointees, the commission shall have the33following representatives appointed: one (1) representative of the U.S. envi-34ronmental protection agency appointed by the agency; one (1) representative of35the U.S. department of agriculture and the U.S. department of interior to be36appointed jointly by those agencies; and one (1) representative of the Coeur37d'Alene tribe appointed by the tribe. The term of a member of the commission38shall be three (3) years. The governor may remove at his discretion any mem-39bers appointed by him. The commission shall operate by a simple majority vote40of the members of the commission. The members of the commission shall elect a41chairperson annually from the members of the commission. Members of the com-42mission who are not state employees shall be compensated as provided in sec-43tion 59-509(b), Idaho Code, if they are not otherwise being compensated for44travel costs and per diem for serving on the commission.45 SECTION 2. That Title 39, Idaho Code, be, and the same is hereby amended 46 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 47 ter 81, Title 39, Idaho Code, and to read as follows: 48 CHAPTER 81 49 BASIN ENVIRONMENTAL IMPROVEMENT ACT 50 39-8101. SHORT TITLE. This act may be known and cited as the "Basin Envi- 51 ronmental Improvement Act." 3 1 39-8102. POLICY OF STATE. The Idaho legislature declares that environmen- 2 tal protection and improvement of the Coeur d'Alene basin to protect human 3 health and enhance natural resources is very important to the state. There- 4 fore, it is the policy of the state to provide in this chapter a system for 5 environmental remediation, natural resource restoration and related measures 6 to address heavy metal contamination in the basin. The system provided in 7 this chapter is intended to protect and promote the health, safety and general 8 welfare of the people of Idaho in a manner consistent with local, state, fed- 9 eral and tribal participation and resources. 10 39-8103. DEFINITIONS. As used in this chapter, unless a different meaning 11 clearly appears from the context: 12 (1) "Administrator" means the administrator or a member of the board of 13 administrators of the basin environmental improvement fund and financing 14 authority. 15 (2) "Basin" means the watershed of Coeur d'Alene Lake within the counties 16 of Shoshone, Kootenai and Benewah in the state of Idaho. 17 (3) "Basin environmental improvement fund and financing authority" or 18 "financing authority" means the entity established by the authority of this 19 chapter, and agreements, compacts, reciprocal legislation or resolutions with 20 or by the United States of America, the Coeur d'Alene tribe or the state of 21 Washington to accept and invest funds and finance the activities of the basin 22 project. 23 (4) "Basin environmental improvement project" or "basin project" means 24 the environmental and natural resources restoration and related measures 25 regarding heavy metal contamination in the basin undertaken by the commission. 26 (5) "Basin environmental improvement project commission" or "commission" 27 means the entity organized by the authority of this chapter and agreements, 28 compacts, reciprocal legislation or resolutions with or by the United States 29 of America, the Coeur d'Alene tribe or the state of Washington to implement 30 the basin project. 31 (6) "Board of administrators" or "administrators" means the administra- 32 tor or board of administrators of the basin environmental improvement fund 33 and financing authority. 34 (7) "Board of commissioners" or "commission" means the board of commis- 35 sioners of the basin environmental improvement project commission. 36 (8) "Bonds" or "notes" or "bond anticipation notes" or "other obliga- 37 tions" means any bonds, notes, debentures, interim certificates or other evi- 38 dence of financial indebtedness issued by the financing authority pursuant to 39 this chapter. 40 (9) "Commissioner" means a member of the board of commissioners of the 41 basin environmental improvement project commission. 42 (10) "Executive director" means the executive director of the basin envi- 43 ronmental improvement project commission. 44 39-8104. ESTABLISHMENT OF AGREEMENTS OR COMPACTS FOR PARTICIPATION IN 45 BASIN PROJECT COMMISSION. The director of the department of environmental 46 quality and the attorney general of the state of Idaho or their delegates 47 shall represent the state of Idaho in negotiations with representatives of the 48 state of Washington, the Coeur d'Alene tribe and the United States of America 49 for the purpose of reaching agreements or compacts between the state of Idaho 50 and any or all of the other named governments regarding participation in the 51 basin project commission and the basin financing authority, for the purpose 52 of providing for environmental remediation and natural resource restoration in 53 the Coeur d'Alene basin in a manner consistent with local, state, federal and 4 1 tribal authorities and resources; provided however, that any agreement or com- 2 pact entered into on behalf of the named governments shall not be binding or 3 obligatory upon any of those governments until the agreement or compact is 4 approved by the requisite named governments. The governor of the state of 5 Idaho may enter into any agreement or compact consistent with this chapter. 6 39-8105. GOVERNOR SHALL REQUEST RECIPROCAL LEGISLATION OR RESOLUTION. The 7 governor of the state of Idaho shall advise the chairman of the Coeur d'Alene 8 tribe, the governor of the state of Washington and the president of the United 9 States of America of the enactment of this chapter and request that, if neces- 10 sary, reciprocal resolutions or legislation be enacted by those governments to 11 authorize negotiation and entry into agreements or compacts regarding partici- 12 pation in the basin environmental improvement project commission and financ- 13 ing authority. 14 39-8106. BASIN PROJECT COMMISSION -- ESTABLISHMENT -- COMPOSITION -- 15 POWERS -- DUTIES -- FUNDING. (1) The basin environmental improvement project 16 commission is hereby created and shall become operational when the director of 17 the department of environmental quality, by execution of an appropriate order, 18 determines that: 19 (a) Significant funds from any source have been provided to the basin 20 improvement fund and financing authority; or 21 (b) Any one (1) or more agreements or compacts have been entered into 22 between the state of Idaho and the state of Washington, the Coeur d'Alene 23 tribe or the United States of America providing for participation in the 24 basin project commission and financing authority. 25 (2) Any agreement or compact providing for participation in the basin 26 project commission and financing authority shall be consistent with the terms 27 of this chapter. 28 (3) The board of commissioners of the basin project commission shall 29 include one (1) representative of the state of Idaho and one (1) representa- 30 tive from each of the county commissions of Shoshone, Kootenai and Benewah 31 counties of the state of Idaho as appointed by the governor of the state of 32 Idaho. Upon participation of the state of Washington, the Coeur d'Alene tribe 33 or the United States of America through agreement or compact, the board of 34 commissioners shall also include, according to such participation: one (1) 35 regional representative of the eastern portion of the state of Washington 36 appointed by the governor of Washington; one (1) tribal council member of the 37 Coeur d'Alene tribe appointed by the council of the Coeur d'Alene tribe; and 38 one (1) representative of the United States of America appointed by the presi- 39 dent of the United States of America. 40 (4) The commission shall act by majority vote except that the vote of any 41 commissioner representative of the state of Idaho, the Coeur d'Alene tribe or 42 the United States of America, or the unanimous vote of all three (3) commis- 43 sioners representing Shoshone, Kootenai and Benewah counties, may veto any 44 majority vote, in which event the action is not valid. The commission shall 45 establish an advisory group to provide local citizen input to the commission 46 in the performance of its duties. 47 (5) The commission shall adopt as the basin project workplan a record of 48 decisions approved pursuant to the federal comprehensive environmental respon- 49 sibility compensation and liability act of 1980 (CERCLA), as amended, by the 50 environmental protection agency of the United States of America, the depart- 51 ment of environmental quality of the state of Idaho and, upon its participa- 52 tion, the Coeur d'Alene tribe, for environmental remediation and related mea- 53 sures pertaining to contamination by heavy metals in the basin. Amendment of 5 1 the basin project workplan shall be made by the commission upon approval of 2 the United States environmental protection agency, the Idaho department of 3 environmental quality and the Coeur d'Alene tribe. 4 (6) The commission shall, to the extent that funds are available from the 5 financing authority and any other source, implement the basin project 6 workplan. 7 (7) The commission may select institutional control measures in implemen- 8 tation of the basin project workplan. The measures shall be adopted and imple- 9 mented by appropriate local and tribal governments as a condition of 10 remediation or restoration activities within those jurisdictions. 11 (8) The commission shall appoint an executive director to administer the 12 basin project. 13 (9) The commissioner representing the state of Idaho and, in the event of 14 participation through agreement or compact, the commissioners representing the 15 United States of America and the Coeur d'Alene tribe, shall annually fix and 16 determine, consistent with the basin project workplan and its schedule, the 17 priorities of the basin project, the amount of money required from the financ- 18 ing authority, federal grants and taxation for implementing the basin project 19 priorities including costs of construction and other activities, costs of 20 operation and maintenance of the work, equipment of the basin project, and 21 costs of administration. 22 (10) The commission shall have, within the basin, the authority of a board 23 of commissioners of a flood control district as provided in chapter 31, title 24 42, Idaho Code, and the authority of a board of commissioners of a drainage 25 district as provided in chapters 29 and 30, title 42, Idaho Code. 26 (11) The commission shall have the following powers and duties which may 27 be exercised through the executive director of the basin project commission: 28 (a) To employ personnel as may be necessary to carry out the purposes and 29 objectives of the basin project commission; 30 (b) To sue and be sued in the name of the basin project commission and to 31 make and execute contracts and other instruments necessary or convenient 32 to the exercise of its power; 33 (c) To manage and conduct the business and affairs of the basin project 34 commission, both within and without the basin; 35 (d) To design, construct, operate and maintain structural works and 36 actions as provided by the basin project workplan or procure or contract 37 for the performance of those works and actions or portions thereof by any 38 local, state, tribal or federal governmental entity or any private entity 39 or individual; 40 (e) To prescribe the duties of officers, agents and employees as may be 41 required; 42 (f) To establish the fiscal year of the basin project commission, to keep 43 records of all business transactions of the basin project commission and 44 to provide an annual public accounting of all expenditures; 45 (g) To obtain options upon and acquire by purchase, exchange, lease, 46 gift, grant, bequest, devise, or otherwise, any real or personal property, 47 and improve any properties acquired; to receive income from properties and 48 to expend the income in carrying out the purposes and provisions of the 49 basin project commission; and to lease any of its property or interest 50 therein in furtherance of the purposes and provisions of the basin project 51 commission; 52 (h) To have the power of eminent domain for the use of the basin project 53 commission in the construction, operation, maintenance and upkeep of 54 structures, waterways, dikes, dams, basins, or any other use necessary in 55 carrying out the purposes of the basin project commission; 6 1 (i) To convey rights-of-way and easements for highways, public roads, 2 public utilities, and for other purposes, over basin project property, as 3 shall be determined by the commission to be in the best interests of the 4 basin project; 5 (j) To convey by deed, bill of sale, or other appropriate instrument all 6 of the estate and interest of the basin project commission, in any real or 7 personal property; 8 (k) To enter into contracts or agreements with the United States of Amer- 9 ica or any of its agencies, the states of Idaho or Washington or any of 10 their agencies or political subdivisions or the Coeur d'Alene tribe or any 11 of its agencies or subdivisions or private entities or individuals and to 12 cooperate with those governments, agencies, subdivisions, private entities 13 or individuals in effectuating, promoting and accomplishing the purposes 14 of the basin project; 15 (l) To bear its allocated share of the cost of any project resulting from 16 any contract or agreement entered into as provided in this chapter; 17 (m) To assume, administer and maintain pursuant to any agreement or con- 18 tract entered into in accordance with this chapter any environmental 19 remediation or restoration measure within the basin undertaken by or in 20 cooperation with the United States of America or any of its agencies, the 21 states of Idaho or Washington or any of their agencies or subdivisions, or 22 the Coeur d'Alene tribe or any of its agencies or subdivisions, or any 23 combinations thereof; 24 (n) To accept donations, gifts and contributions in money, services, 25 materials, or otherwise, from the United States of America or any of its 26 agencies, or the states of Idaho or Washington or any of their agencies or 27 political subdivisions, or the Coeur d'Alene tribe or any of its agencies 28 or subdivisions, or private entities or individuals, or any combinations 29 thereof, and to expend such moneys, services, or materials in carrying on 30 its operations; 31 (o) To exercise all other powers necessary or helpful in carrying out the 32 purposes and provisions of the basin project commission as provided in 33 this chapter and by agreements or compacts between the states of Idaho and 34 Washington, the Coeur d'Alene tribe and the United States of America. 35 39-8107. BASIN FUND AND FINANCING AUTHORITY -- ESTABLISHMENT -- ADMINIS- 36 TRATORS -- POWERS. (1) The basin environmental improvement fund and financing 37 authority is hereby created and shall become operational when the director of 38 the department of environmental quality, by execution of an appropriate order, 39 determines that significant funds have been provided to the financing author- 40 ity from any source, or any one (1) or more agreements or compacts between the 41 state of Idaho and the state of Washington, the Coeur d'Alene tribe or the 42 United States of America providing for participation in the basin project com- 43 mission and financing authority. The financing authority shall be an indepen- 44 dent public body corporate and politic within the meaning of section 1, arti- 45 cle viii, of the constitution of the state of Idaho, with no power to levy 46 taxes or to obligate the general fund of the state of Idaho. 47 (2) The administrator or board of administrators of the financing author- 48 ity shall consist of one (1) representative appointed by the governor of the 49 state of Idaho. Upon participation in the basin project by agreement or com- 50 pact, one (1) representative shall be appointed by the council of the Coeur 51 d'Alene tribe, one (1) representative shall be appointed by the governor of 52 the state of Washington and one (1) representative shall be appointed by the 53 president of the United States of America. Appointments shall be made on the 54 basis of demonstrated investment and financial management expertise. Each 7 1 administrator shall serve at the pleasure of his or her respective appointing 2 authority and may be removed and replaced at any time. Administrators shall 3 not be compensated. Two (2) or more administrators shall constitute a board 4 and may act by majority vote. Meetings shall be held whenever a majority of 5 administrators so request. The administrator or board of administrators shall 6 direct the activities of the financing authority. 7 (3) The funds of the financing authority may include moneys and any 8 income paid in settlement of any claims or lawsuits regarding heavy metals 9 contamination in the basin, annual appropriations by the states of Idaho and 10 Washington or the Coeur d'Alene tribe, receipts from the issuance of bonds and 11 any other source, public or private. To the extent allowed by law, the funds 12 of the financing authority shall not be considered federal funds and shall be 13 available for use as state matching funds for federal grants. 14 (4) The financing authority may administer its funds to maximize income 15 to fund the basin project. The financing authority is hereby authorized to 16 invest any funds not needed for immediate use or disbursement, including any 17 funds held in reserve, in: 18 (a) Bonds, notes and other obligations of the United States of America or 19 any agency or instrumentality thereof and other securities secured by such 20 bonds, notes or other obligations; 21 (b) Money market funds which are insured or the assets of which are lim- 22 ited to obligations of the United States of America or any agency or 23 instrumentality thereof; 24 (c) Time certificates of deposit and savings accounts; and 25 (d) Commercial paper which, at the time of its purchase, is rated in the 26 highest category by a nationally recognized rating service. 27 (5) The financing authority may contract for services deemed necessary to 28 carry out its duties including, but not limited to, financial, legal and 29 accounting services. 30 (6) The financing authority may provide moneys from its funds to the 31 basin project commission not to exceed such amounts as annually may be 32 requested by the basin project commission. 33 (7) The financing authority shall establish its fiscal year, keep records 34 of all investments, expenditures and business transactions and provide for an 35 annual public accounting. 36 (8) The financing authority may exercise all other powers necessary or 37 appropriate to carry out its corporate purposes including, without limitation, 38 the following: 39 (a) To sue and be sued in its own name; 40 (b) To have an official seal and to alter the seal at its pleasure; 41 (c) To maintain an office at a place or places within this state as it 42 may designate; 43 (d) To hire officers, agents and employees as may be required and to pre- 44 scribe its duties; 45 (e) To make and execute contracts and all other instruments necessary or 46 convenient for the exercise of its powers and functions; 47 (f) To obtain insurance against any loss in connection with its property 48 and other assets in amounts and from insurers it deems desirable; 49 (g) To borrow money and issue bonds and notes or other evidences of 50 indebtedness as hereinafter provided; and 51 (h) To the extent permitted under its contract with the holders of bonds, 52 notes and other obligations of the financing authority, to consent to any 53 modification of any contract, lease or agreement of any kind to which the 54 financing authority is a party. 8 1 39-8108. FINANCING AUTHORITY MAY ISSUE NOTES AND BONDS -- RELATED POWERS 2 AND DUTIES. (1) The financing authority may issue from time to time its notes 3 and bonds in a principal amount as the financing authority determines to be 4 necessary to provide sufficient funds for achieving any of its corporate pur- 5 poses, including the payment of interest on notes and bonds of the financing 6 authority, establishment of reserves to secure notes and bonds, and all other 7 expenditures of the financing authority incident to and necessary or conve- 8 nient to carry out its corporate purposes and powers. 9 (2) The financing authority may issue: 10 (a) Bonds or notes, in one (1) or more series, to finance the basin proj- 11 ect or any portion or portions thereof; 12 (b) Notes in anticipation of appropriations or other revenues; 13 (c) Notes to renew notes; and 14 (d) Bonds to pay notes, including the interest thereon, and whenever it 15 deems refunding expedient, to refund any bonds by the issuance of new 16 bonds, whether the bonds to be refunded have or have not matured, and to 17 issue bonds partly to refund bonds then outstanding and partly for any of 18 its corporate purposes. The refunding bonds may be: 19 (i) Exchanged for bonds to be refunded; or 20 (ii) Sold and the proceeds applied to the purchase, redemption or 21 payment of such bonds. 22 (3) Every issue of its notes and bonds shall be special obligations of 23 the financing authority payable out of such fund or funds as shall be speci- 24 fied by the financing authority. 25 (a) The notes and bonds shall be authorized by resolution or resolutions 26 of the financing authority, shall bear a date or dates and shall mature at 27 a time or times as the resolution or resolutions may provide, except that 28 no note shall mature more than one (1) year from the date of its issue and 29 no bond shall mature more than thirty (30) years from the date of its 30 issue. The bonds may be issued as serial bonds payable in annual 31 installments or as term bonds or as a combination thereof. The notes and 32 bonds shall bear interest at a rate or rates, be in denominations, be in a 33 form, either coupon or registered, carry registration privileges, be exe- 34 cuted in a manner, be payable in a medium of payment, at a place or 35 places, and be subject to terms of redemption as the resolution or resolu- 36 tions may provide. The notes and bonds of the financing authority may be 37 sold by the financing authority, at public or private sale, at a price or 38 prices, at, above, or below par, as the financing authority shall deter- 39 mine. 40 (b) Any resolution or resolutions authorizing any notes or bonds or any 41 issue thereof may contain provisions, which shall be a part of the con- 42 tract or contracts with the holders thereof, as to: 43 (i) Pledging all or any part of the revenues to secure the payment 44 of the notes or bonds or of any issue thereof, subject to such agree- 45 ments with noteholders or bondholders as may then exist; 46 (ii) Pledging all or any part of the assets of the financing 47 authority to secure the payment of the notes or bonds or of any issue 48 of notes or bonds, subject to agreements with noteholders or bond- 49 holders as may then exist; 50 (iii) The setting aside of reserves or sinking funds and the regula- 51 tion and disposition thereof; 52 (iv) Limitations on the purpose to which the proceeds of sale of 53 notes or bonds may be applied; 54 (v) Limitations on the issuance of additional notes or bonds, the 55 terms upon which additional notes or bonds may be issued and secured, 9 1 and the refunding of outstanding or other notes or bonds; 2 (vi) The procedure, if any, by which the terms of any contract with 3 noteholders or bondholders may be amended or abrogated, the amount of 4 notes or bonds the holders of which must consent thereto, and the 5 manner in which such consent may be given; 6 (vii) Limitations on the amount of moneys to be expended by the 7 financing agency for operating expenses of the financing authority; 8 (viii) Vesting in a trustee's or trustees' property, rights, powers 9 and duties in trust as the financing authority may determine, which 10 may include any or all of the rights, powers and duties of the 11 trustee appointed by the bondholders pursuant to this chapter, and 12 limiting or abrogating the right of the bondholders to appoint a 13 trustee under this chapter or limiting the rights, powers and duties 14 of the trustee; 15 (ix) Defining the acts or omissions to act which shall constitute a 16 default in the obligations and duties of the financing authority to 17 the holders of the notes or bonds and providing for the rights and 18 remedies of the holders of the notes or bonds in the event of a 19 default, including as a matter of right the appointment of a 20 receiver; provided however, that these rights and remedies shall be 21 consistent with this chapter and the laws of the state of Idaho; 22 (x) Any other matters, of like or different character, which in 23 any way affect the security or protection of the holders of the notes 24 or bonds. 25 (c) Any pledge made by the financing authority shall be valid and binding 26 from the time when the pledge is made; the revenues, moneys or property so 27 pledged and thereafter received by the financing agency shall immediately 28 be subject to the lien of the pledge without any physical delivery thereof 29 or further act, and the lien of the pledge shall be valid and binding 30 against all parties having claims of any kind in tort, contract or other- 31 wise against the financing authority, irrespective of whether the parties 32 have notice thereof. Neither the resolution nor any other instrument by 33 which a pledge is created need be recorded. 34 (d) Neither any administrator of the financing authority nor any other 35 person executing the notes or bonds are subject to any personal liability 36 or accountability by reason of the issuance thereof. 37 (e) The financing authority, subject to agreements with noteholders or 38 bondholders as may then exist, shall have power out of any funds available 39 therefor to purchase notes or bonds of the financing authority, which 40 shall thereupon be canceled, at a price not exceeding: 41 (i) If the notes or bonds are then redeemable, the redemption 42 price, including redemption premium, if any, then applicable plus 43 accrued interest to the next interest payment thereon; or 44 (ii) If the notes or bonds are not then redeemable, the redemption 45 price applicable on the first date after such purchase upon which the 46 notes or bonds become subject to redemption plus accrued interest to 47 such date. 48 (f) In the discretion of the financing authority, the bonds may be 49 secured by a trust indenture by and between the financing authority and a 50 corporate trustee which may be any trust company or bank having the power 51 of a trust company in the state. The trust indenture may contain provi- 52 sions for protecting and enforcing the rights and remedies of the bond- 53 holders as may be reasonable and proper and not in violation of law, 54 including covenants setting forth the duties of the financing authority in 55 relation to the exercise of its corporate powers and the custody, safe- 10 1 guarding and application of all moneys. The financing authority may pro- 2 vide by a trust indenture for the payment of the proceeds of the bonds and 3 the revenues to the trustee under the trust indenture or other depository, 4 and for the method of disbursement thereof, with safeguards and restric- 5 tions as it may determine. All expenses incurred in carrying out the trust 6 indenture may be treated as a part of the operating expenses of the 7 financing agency. If the bonds are secured by a trust indenture, the bond- 8 holders have no authority to appoint a separate trustee to represent them. 9 (g) Whether or not the notes and bonds are of a form and character as to 10 be negotiable instruments under the terms of the uniform commercial code, 11 the notes and bonds are hereby made negotiable instruments within the 12 meaning, and for all the purposes, of the uniform commercial code, subject 13 only to the provisions of the notes and bonds for registration. 14 (h) In case any of the administrators or officers of the financing 15 authority whose signatures appear on any notes or bonds or coupons shall 16 cease to be administrators or officers before the delivery of the notes or 17 bonds, the signatures shall, nevertheless, be valid and sufficient for all 18 purposes, the same as if the administrators or officers had remained in 19 office until delivery. 20 (4) The financing authority may provide for the issuance of refunding 21 obligations for the purpose of refunding any obligations then outstanding 22 which have been issued under the provisions of this chapter, including the 23 advance refunding of obligations as provided by section 57-504, Idaho Code, 24 and including the payment of any redemption premium thereon and any interest 25 accrued or to accrue to the date of redemption of such obligations and for any 26 corporate purpose of the financing authority. The issuance of the obligations, 27 the maturities and other details thereof, the rights of the holders thereof, 28 and the rights, duties and obligations of the financing authority in respect 29 of the same shall be governed by the provisions of this chapter which relate 30 to the issuance of obligations, insofar as such provisions may be appropriate. 31 (5) Refunding obligations issued as provided in subsection (4) of this 32 section may be sold or exchanged for outstanding obligations issued under this 33 chapter and, if sold, the proceeds thereof may be applied, in addition to any 34 other authorized purposes, to the purchase, redemption or payment of such out- 35 standing obligations. Pending the application of the proceeds of any refunding 36 obligations, with any other available funds, to the payment of the principal, 37 accrued interest and any redemption premium on the obligations being refunded, 38 and, if so provided or permitted in the resolution authorizing the issuance of 39 the refunding obligations or in the trust agreement securing the same, to the 40 payment of any interest on the refunding obligations and any expenses in con- 41 nection with refunding, the proceeds may be invested in direct obligations of, 42 or obligations the principal of and the interest on which are unconditionally 43 guaranteed by the United States of America which shall mature or which shall 44 be subject to redemption by the holders thereof, at the option of the holders, 45 not later than the respective dates when the proceeds, together with the 46 interest accruing thereon, will be required for the purposes intended. 47 (6) All funds of the financing authority except as otherwise authorized 48 or provided in this chapter shall be deposited as soon as practicable in a 49 separate account or accounts in banks or trust companies organized under the 50 laws of the state of Idaho or the national banking association. The moneys in 51 the accounts shall be paid out on checks signed by the chair of the board of 52 administrators or other officers or employees of the financing authority as 53 the administrators authorize. All deposits of the moneys shall, if required by 54 the financing authority, be secured by obligations of the United States of 55 America, of the state or of any municipalities or political subdivisions or 11 1 agencies of the state at a market value equal at all times to the amount of 2 the deposit, and all banks and trust companies are authorized to give security 3 for the deposits. 4 (7) Notwithstanding the provisions of this section, the financing author- 5 ity may contract with the holders of any of its notes or bonds as to the cus- 6 tody, collection, securing, investment and payment of any moneys of the 7 financing authority and of any moneys held in trust or otherwise for the pay- 8 ment of notes or bonds, and to carry out the contract. Moneys held in trust or 9 otherwise for the payment of notes or bonds or in any way to secure notes or 10 bonds and deposits of the moneys may be secured in the same manner as moneys 11 of the financing authority, and all banks and trust companies are authorized 12 to give security for the deposits. 13 (8) The financing authority may contract with the holders of bonds or 14 notes with respect to the rights of such holders in the event of a default in 15 the payment of principal or interest on such bonds or notes. 16 39-8109. NOTES AND BONDS -- STATE WILL NOT IMPAIR VESTED RIGHTS. The 17 state pledges to and agrees with the holders of any notes or bonds issued 18 under this chapter that the state will not limit or alter the rights hereby 19 vested in the financing authority to fulfill the terms of any agreements made 20 with the holders thereof or in any way impair the rights and remedies of the 21 holders until the notes and bonds, together with the interest thereon, with 22 interest on any unpaid installments of interest, and all costs and expenses in 23 connection with any action or proceeding by or on behalf of the holders, are 24 fully met and discharged. The financing authority may include this pledge and 25 agreement of the state in any agreement with the holders of the notes or 26 bonds. 27 39-8110. LIMITATION OF LIABILITY -- NOTES AND BONDS ARE NOT A DEBT OF THE 28 STATE. The notes, bonds or other obligations of the financing authority are 29 not an indebtedness or obligation of the state of Idaho, or of any department, 30 board, commission, agency, political subdivision, body corporate and politic, 31 or instrumentality of a municipality or county within the state, nor shall 32 such notes, bonds or obligations of the financing authority constitute the 33 giving or loaning of the credit of the state of Idaho, or of any department, 34 board, commission, agency, political subdivision, body corporate and politic 35 or instrumentality of a municipality or county within the state, nor shall 36 they be payable out of any funds other than those of the financing authority; 37 and the notes and bonds shall contain on the face thereof a statement to that 38 effect. 39 39-8111. STATE MAY MAKE GRANTS TO FINANCING AUTHORITY. The state may make 40 grants of money or property to the financing authority for the purpose of 41 enabling it to carry out its corporate purposes and for the exercise of its 42 powers including, but not limited to, deposits to the reserve funds. This sec- 43 tion does not limit any other power the state may have to make grants to the 44 financing authority. 45 39-8112. NOTES AND BONDS OF FINANCING AUTHORITY ARE LEGAL INVESTMENTS. 46 The notes and bonds of the financing authority are legal investments in which 47 all public officers and public bodies of this state, its political subdivi- 48 sions, all municipalities and municipal subdivisions, all insurance companies 49 and associations and other persons carrying on an insurance business, all 50 banks, bankers, banking associations, trust companies, savings banks and sav- 51 ings associations, including savings and loan associations, building and loan 12 1 associations, investment companies and other persons carrying on a banking 2 business, all administrators, guardians, executors, trustees and other fidu- 3 ciaries, and all other persons whatsoever who are now or may hereafter be 4 authorized to invest in bonds or in other obligations of the state, may prop- 5 erly and legally invest funds, including capital, in their control or belong- 6 ing to them. The notes and bonds are also hereby made securities which may 7 properly and legally be deposited with and received by all public officers and 8 bodies of the state or any agency or political subdivision of the state and 9 all municipalities and public corporations for any purpose for which the 10 deposit of bonds or other obligations of the state is authorized by law. 11 39-8113. NOTES AND BONDS OF FINANCING AUTHORITY ARE TAX EXEMPT. The basin 12 project commission and the financing authority perform essential governmental 13 functions in the exercise of the powers conferred upon them under this chap- 14 ter. The notes and bonds of the financing authority issued under this chapter, 15 and the income therefrom, including any profit made on the sale thereof, and 16 all its fees, charges, gifts, grants, revenues, receipts, and other moneys 17 received, pledged to pay or secure the payment of the notes or bonds, are 18 exempt from taxation by the state, municipalities and all other political sub- 19 divisions of the state. Any property acquired or used by the basin project 20 commission consistent with this chapter are exempt from taxation and assess- 21 ments. 22 39-8114. CHAPTER NOT A LIMITATION OF POWERS. This chapter does not 23 restrict or limit the powers which the basin project commission or financing 24 authority might otherwise have under any laws of this state, and this chapter 25 is cumulative to those powers. This chapter provides an additional and alter- 26 native method for actions authorized and shall be regarded as supplemental and 27 additional to powers conferred by other laws. However, the issuance of bonds, 28 notes and other obligations and refunding bonds under this chapter need not 29 comply with the requirements of any other state law applicable to the issuance 30 of bonds, notes and other obligations. Contracts for the construction and 31 acquisition of any facilities undertaken pursuant to this chapter need not 32 comply with any other state law applicable to contracts for the construction 33 and acquisition of state owned property. No proceedings, notice or approval is 34 required for the issuance of any bonds, notes and other obligations or any 35 instrument as security therefor, except as is provided in this chapter. 36 39-8115. INCONSISTENT LAWS -- THIS CHAPTER CONTROLS. If any provision of 37 this chapter is inconsistent with the provisions of any other law, general, 38 specific or local, the provisions of this chapter control. 39 SECTION 3. An emergency existing therefor, which emergency is hereby 40 declared to exist, this act shall be in full force and effect on and after its 41 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Ellsworth Seconded by Pearce IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 256 1 AMENDMENTS TO SECTION 2 2 On page 4 of the printed bill, delete line 35, and insert: "representative 3 of the county commission of Spokane county of the state of Washington"; and in 4 line 46, following "duties." insert: "The commission shall distribute and pub- 5 lish a public involvement policy, to include procedures to assure adherence to 6 the open meeting law and the public records act.". 7 On page 5, delete lines 52 through 55. 8 On page 6, in line 1, delete "(i)" and insert: "(h)"; in line 5, delete 9 "(j)" and insert: "(i)"; in line 8, delete "(k)" and insert: "(j)"; in line 10 15, delete "(l)" and insert: "(k)"; in line 17, delete "(m)" and insert: 11 "(l)"; in line 24, delete "(n)" and insert: "(m)"; and in line 31, delete 12 "(o)" and insert: "(n)". 13 AMENDMENT TO SECTION 3 14 On page 12, in line 41, following "approval" insert: ", provided however 15 that Section 1 of this act shall become effective only upon the execution of 16 the order pursuant to Section 39-8106, Idaho Code, and a filing of the order 17 with the Governor and the Secretary of State". 18 CORRECTION TO TITLE 19 On page 1, in line 21, delete "AND"; and also in line 21, following 20 "EMERGENCY" insert: "AND PROVIDING AN EFFECTIVE DATE FOR SECTION 1 OF THIS 21 ACT UPON CERTAIN CIRCUMSTANCES OCCURRING".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 256, As Amended BY ENVIRONMENTAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO WATER QUALITY; AMENDING SECTION 39-3613, IDAHO CODE, TO STRIKE 3 PROVISIONS ESTABLISHING THE COEUR D'ALENE RIVER COMMISSION; AMENDING TITLE 4 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 81, TITLE 39, IDAHO CODE, 5 TO ESTABLISH THE BASIN ENVIRONMENTAL IMPROVEMENT ACT, TO PROVIDE A SHORT 6 TITLE, TO EXPRESS THE POLICY OF THE STATE, TO PROVIDE DEFINITIONS, TO PRO- 7 VIDE FOR ESTABLISHMENT OF AGREEMENTS OR COMPACTS FOR PARTICIPATION IN THE 8 BASIN PROJECT, TO PROVIDE THAT THE GOVERNOR SHALL REQUEST RECIPROCAL LEG- 9 ISLATION, TO PROVIDE FOR CREATION OF THE BASIN PROJECT AND TO PROVIDE FOR 10 ESTABLISHMENT OF A BOARD OF COMMISSIONERS, COMPOSITION OF THE BOARD AND 11 POWERS AND DUTIES, TO PROVIDE FOR ESTABLISHMENT OF A BASIN FUND AND 12 FINANCING AUTHORITY AND ITS ADMINISTRATORS AND AUTHORITIES, TO PROVIDE 13 THAT THE FINANCING AUTHORITY MAY ISSUE NOTES AND BONDS, TO PROVIDE THAT 14 THE STATE WILL NOT IMPAIR VESTED RIGHTS CREATED BY NOTES AND BONDS, TO 15 LIMIT LIABILITY AND PROVIDE THAT NOTES AND BONDS ARE NOT A DEBT OF THE 16 STATE, TO PROVIDE THAT THE STATE MAY MAKE GRANTS TO THE FINANCING AUTHOR- 17 ITY, TO PROVIDE THAT NOTES AND BONDS OF THE FINANCING AUTHORITY ARE LEGAL 18 INVESTMENTS, TO PROVIDE THAT NOTES AND BONDS OF THE FINANCING AUTHORITY 19 ARE TAX EXEMPT, TO PROVIDE THAT THE CHAPTER IS SUPPLEMENTAL AND IS NOT A 20 LIMITATION ON POWERS AND TO PROVIDE THAT THE CHAPTER PREVAILS IF OTHER 21 LAWS ARE INCONSISTENT; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE 22 DATE FOR SECTION 1 OF THIS ACT UPON CERTAIN CIRCUMSTANCES OCCURRING. 23 Be It Enacted by the Legislature of the State of Idaho: 24 SECTION 1. That Section 39-3613, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 39-3613. CREATION OF BASIN ADVISORY GROUPS.(1)The director, in consul- 27 tation with the designated agencies, shall name, for each of the state's major 28 river basins, no less than one (1) basin advisory group which shall generally 29 advise the director on water quality objectives for each basin and work in a 30 cooperative manner with the director to achieve these objectives. Each such 31 group shall establish by majority vote, operating procedures to guide the work 32 of the group. Members shall be compensated pursuant to section 59-509(c), 33 Idaho Code. The membership of each basin advisory group shall be representa- 34 tive of the industries and interests directly affected by the implementation 35 of water quality programs within the basin and each member of the group shall 36 either reside within the basin or represent persons with a real property 37 interest within the basin. Recognized groups representing those industries or 38 interests in the basin may nominate members of the group to the director. Each 39 basin advisory group named by the director shall reflect a balanced represen- 40 tation of the interests in the basin and shall, where appropriate, include a 41 representative from each of the following: agriculture, mining, nonmunicipal 42 point source discharge permittees, forest products, local government, live- 43 stock, Indian tribes (for areas within reservation boundaries), water-based 2 1 recreation, and environmental interests. In addition, the director shall name 2 one (1) person to represent the public at large who may reside outside the 3 basin. Members named to the basin advisory groups shall, in the opinion of 4 the director, have demonstrated interest or expertise which will be of benefit 5 to the work of the basin advisory group. The director may also name as may be 6 needed those who have expertise necessary to assist in the work of the basin 7 advisory group who shall serve as technical nonvoting advisers to the basin 8 advisory group. 9(2) The governor shall establish a commission to be known as the Coeur10d'Alene River basin commission whose membership is stated below for the Coeur11d'Alene River basin, including the north and south forks of the Coeur d' Alene12River, the main stem of the Coeur d'Alene River, Lake Coeur d'Alene and the13Spokane River to replace and fulfill the duties of the basin advisory group14and the watershed advisory group for those rivers and Lake Coeur d'Alene as15stated in this section and sections 39-3614 through 39-3616, Idaho Code, as16these duties related to heavy metal impacts in the Coeur d'Alene River basin.17At the discretion of the governor, the commission may be asked to perform18duties other than those specified in sections 39-3613 through 39-3616, Idaho19Code. For duties related to sections 39-3613 through 39-3616, Idaho Code, the20commission shall report to the director. For all other duties assigned the21commission by the governor, the commission shall report to the governor, the22speaker of the house of representatives and the president pro tempore of the23senate. The governor shall appoint the following members of the commission:24one (1) representative of the governor; one (1) representative of the division25of environmental quality of the department of health and welfare; one (1) rep-26resentative of the department of lands; one (1) representative each of the27county governments of Benewah county, Kootenai county and Shoshone county; one28(1) representative of the trustees established under the settlement agreement29of May 3, 1986, entered in State of Idaho v. Bunker Hill Co., No. 83-3161 (D.30Idaho); two (2) representatives of the citizen's advisory committee of the31Coeur d'Alene basin restoration project; one (1) representative of the mining32industry; and one (1) representative of other affected industries.33In addition to the governor's appointees, the commission shall have the34following representatives appointed: one (1) representative of the U.S. envi-35ronmental protection agency appointed by the agency; one (1) representative of36the U.S. department of agriculture and the U.S. department of interior to be37appointed jointly by those agencies; and one (1) representative of the Coeur38d'Alene tribe appointed by the tribe. The term of a member of the commission39shall be three (3) years. The governor may remove at his discretion any mem-40bers appointed by him. The commission shall operate by a simple majority vote41of the members of the commission. The members of the commission shall elect a42chairperson annually from the members of the commission. Members of the com-43mission who are not state employees shall be compensated as provided in sec-44tion 59-509(b), Idaho Code, if they are not otherwise being compensated for45travel costs and per diem for serving on the commission.46 SECTION 2. That Title 39, Idaho Code, be, and the same is hereby amended 47 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 48 ter 81, Title 39, Idaho Code, and to read as follows: 49 CHAPTER 81 50 BASIN ENVIRONMENTAL IMPROVEMENT ACT 51 39-8101. SHORT TITLE. This act may be known and cited as the "Basin Envi- 52 ronmental Improvement Act." 3 1 39-8102. POLICY OF STATE. The Idaho legislature declares that environmen- 2 tal protection and improvement of the Coeur d'Alene basin to protect human 3 health and enhance natural resources is very important to the state. There- 4 fore, it is the policy of the state to provide in this chapter a system for 5 environmental remediation, natural resource restoration and related measures 6 to address heavy metal contamination in the basin. The system provided in 7 this chapter is intended to protect and promote the health, safety and general 8 welfare of the people of Idaho in a manner consistent with local, state, fed- 9 eral and tribal participation and resources. 10 39-8103. DEFINITIONS. As used in this chapter, unless a different meaning 11 clearly appears from the context: 12 (1) "Administrator" means the administrator or a member of the board of 13 administrators of the basin environmental improvement fund and financing 14 authority. 15 (2) "Basin" means the watershed of Coeur d'Alene Lake within the counties 16 of Shoshone, Kootenai and Benewah in the state of Idaho. 17 (3) "Basin environmental improvement fund and financing authority" or 18 "financing authority" means the entity established by the authority of this 19 chapter, and agreements, compacts, reciprocal legislation or resolutions with 20 or by the United States of America, the Coeur d'Alene tribe or the state of 21 Washington to accept and invest funds and finance the activities of the basin 22 project. 23 (4) "Basin environmental improvement project" or "basin project" means 24 the environmental and natural resources restoration and related measures 25 regarding heavy metal contamination in the basin undertaken by the commission. 26 (5) "Basin environmental improvement project commission" or "commission" 27 means the entity organized by the authority of this chapter and agreements, 28 compacts, reciprocal legislation or resolutions with or by the United States 29 of America, the Coeur d'Alene tribe or the state of Washington to implement 30 the basin project. 31 (6) "Board of administrators" or "administrators" means the administra- 32 tor or board of administrators of the basin environmental improvement fund 33 and financing authority. 34 (7) "Board of commissioners" or "commission" means the board of commis- 35 sioners of the basin environmental improvement project commission. 36 (8) "Bonds" or "notes" or "bond anticipation notes" or "other obliga- 37 tions" means any bonds, notes, debentures, interim certificates or other evi- 38 dence of financial indebtedness issued by the financing authority pursuant to 39 this chapter. 40 (9) "Commissioner" means a member of the board of commissioners of the 41 basin environmental improvement project commission. 42 (10) "Executive director" means the executive director of the basin envi- 43 ronmental improvement project commission. 44 39-8104. ESTABLISHMENT OF AGREEMENTS OR COMPACTS FOR PARTICIPATION IN 45 BASIN PROJECT COMMISSION. The director of the department of environmental 46 quality and the attorney general of the state of Idaho or their delegates 47 shall represent the state of Idaho in negotiations with representatives of the 48 state of Washington, the Coeur d'Alene tribe and the United States of America 49 for the purpose of reaching agreements or compacts between the state of Idaho 50 and any or all of the other named governments regarding participation in the 51 basin project commission and the basin financing authority, for the purpose 52 of providing for environmental remediation and natural resource restoration in 53 the Coeur d'Alene basin in a manner consistent with local, state, federal and 4 1 tribal authorities and resources; provided however, that any agreement or com- 2 pact entered into on behalf of the named governments shall not be binding or 3 obligatory upon any of those governments until the agreement or compact is 4 approved by the requisite named governments. The governor of the state of 5 Idaho may enter into any agreement or compact consistent with this chapter. 6 39-8105. GOVERNOR SHALL REQUEST RECIPROCAL LEGISLATION OR RESOLUTION. The 7 governor of the state of Idaho shall advise the chairman of the Coeur d'Alene 8 tribe, the governor of the state of Washington and the president of the United 9 States of America of the enactment of this chapter and request that, if neces- 10 sary, reciprocal resolutions or legislation be enacted by those governments to 11 authorize negotiation and entry into agreements or compacts regarding partici- 12 pation in the basin environmental improvement project commission and financ- 13 ing authority. 14 39-8106. BASIN PROJECT COMMISSION -- ESTABLISHMENT -- COMPOSITION -- 15 POWERS -- DUTIES -- FUNDING. (1) The basin environmental improvement project 16 commission is hereby created and shall become operational when the director of 17 the department of environmental quality, by execution of an appropriate order, 18 determines that: 19 (a) Significant funds from any source have been provided to the basin 20 improvement fund and financing authority; or 21 (b) Any one (1) or more agreements or compacts have been entered into 22 between the state of Idaho and the state of Washington, the Coeur d'Alene 23 tribe or the United States of America providing for participation in the 24 basin project commission and financing authority. 25 (2) Any agreement or compact providing for participation in the basin 26 project commission and financing authority shall be consistent with the terms 27 of this chapter. 28 (3) The board of commissioners of the basin project commission shall 29 include one (1) representative of the state of Idaho and one (1) representa- 30 tive from each of the county commissions of Shoshone, Kootenai and Benewah 31 counties of the state of Idaho as appointed by the governor of the state of 32 Idaho. Upon participation of the state of Washington, the Coeur d'Alene tribe 33 or the United States of America through agreement or compact, the board of 34 commissioners shall also include, according to such participation: one (1) 35 representative of the county commission of Spokane county of the state of 36 Washington appointed by the governor of Washington; one (1) tribal council 37 member of the Coeur d'Alene tribe appointed by the council of the Coeur 38 d'Alene tribe; and one (1) representative of the United States of America 39 appointed by the president of the United States of America. 40 (4) The commission shall act by majority vote except that the vote of any 41 commissioner representative of the state of Idaho, the Coeur d'Alene tribe or 42 the United States of America, or the unanimous vote of all three (3) commis- 43 sioners representing Shoshone, Kootenai and Benewah counties, may veto any 44 majority vote, in which event the action is not valid. The commission may 45 establish an advisory group to provide local citizen input to the commission 46 in the performance of its duties. The commission shall distribute and publish 47 a public involvement policy, to include procedures to assure adherence to the 48 open meeting law and the public records act. 49 (5) The commission shall adopt as the basin project workplan a record of 50 decisions approved pursuant to the federal comprehensive environmental respon- 51 sibility compensation and liability act of 1980 (CERCLA), as amended, by the 52 environmental protection agency of the United States of America, the depart- 53 ment of environmental quality of the state of Idaho and, upon its participa- 5 1 tion, the Coeur d'Alene tribe, for environmental remediation and related mea- 2 sures pertaining to contamination by heavy metals in the basin. Amendment of 3 the basin project workplan shall be made by the commission upon approval of 4 the United States environmental protection agency, the Idaho department of 5 environmental quality and the Coeur d'Alene tribe. 6 (6) The commission shall, to the extent that funds are available from the 7 financing authority and any other source, implement the basin project 8 workplan. 9 (7) The commission may select institutional control measures in implemen- 10 tation of the basin project workplan. The measures shall be adopted and imple- 11 mented by appropriate local and tribal governments as a condition of 12 remediation or restoration activities within those jurisdictions. 13 (8) The commission shall appoint an executive director to administer the 14 basin project. 15 (9) The commissioner representing the state of Idaho and, in the event of 16 participation through agreement or compact, the commissioners representing the 17 United States of America and the Coeur d'Alene tribe, shall annually fix and 18 determine, consistent with the basin project workplan and its schedule, the 19 priorities of the basin project, the amount of money required from the financ- 20 ing authority, federal grants and taxation for implementing the basin project 21 priorities including costs of construction and other activities, costs of 22 operation and maintenance of the work, equipment of the basin project, and 23 costs of administration. 24 (10) The commission shall have, within the basin, the authority of a board 25 of commissioners of a flood control district as provided in chapter 31, title 26 42, Idaho Code, and the authority of a board of commissioners of a drainage 27 district as provided in chapters 29 and 30, title 42, Idaho Code. 28 (11) The commission shall have the following powers and duties which may 29 be exercised through the executive director of the basin project commission: 30 (a) To employ personnel as may be necessary to carry out the purposes and 31 objectives of the basin project commission; 32 (b) To sue and be sued in the name of the basin project commission and to 33 make and execute contracts and other instruments necessary or convenient 34 to the exercise of its power; 35 (c) To manage and conduct the business and affairs of the basin project 36 commission, both within and without the basin; 37 (d) To design, construct, operate and maintain structural works and 38 actions as provided by the basin project workplan or procure or contract 39 for the performance of those works and actions or portions thereof by any 40 local, state, tribal or federal governmental entity or any private entity 41 or individual; 42 (e) To prescribe the duties of officers, agents and employees as may be 43 required; 44 (f) To establish the fiscal year of the basin project commission, to keep 45 records of all business transactions of the basin project commission and 46 to provide an annual public accounting of all expenditures; 47 (g) To obtain options upon and acquire by purchase, exchange, lease, 48 gift, grant, bequest, devise, or otherwise, any real or personal property, 49 and improve any properties acquired; to receive income from properties and 50 to expend the income in carrying out the purposes and provisions of the 51 basin project commission; and to lease any of its property or interest 52 therein in furtherance of the purposes and provisions of the basin project 53 commission; 54 (h) To convey rights-of-way and easements for highways, public roads, 55 public utilities, and for other purposes, over basin project property, as 6 1 shall be determined by the commission to be in the best interests of the 2 basin project; 3 (i) To convey by deed, bill of sale, or other appropriate instrument all 4 of the estate and interest of the basin project commission, in any real or 5 personal property; 6 (j) To enter into contracts or agreements with the United States of Amer- 7 ica or any of its agencies, the states of Idaho or Washington or any of 8 their agencies or political subdivisions or the Coeur d'Alene tribe or any 9 of its agencies or subdivisions or private entities or individuals and to 10 cooperate with those governments, agencies, subdivisions, private entities 11 or individuals in effectuating, promoting and accomplishing the purposes 12 of the basin project; 13 (k) To bear its allocated share of the cost of any project resulting from 14 any contract or agreement entered into as provided in this chapter; 15 (l) To assume, administer and maintain pursuant to any agreement or con- 16 tract entered into in accordance with this chapter any environmental 17 remediation or restoration measure within the basin undertaken by or in 18 cooperation with the United States of America or any of its agencies, the 19 states of Idaho or Washington or any of their agencies or subdivisions, or 20 the Coeur d'Alene tribe or any of its agencies or subdivisions, or any 21 combinations thereof; 22 (m) To accept donations, gifts and contributions in money, services, 23 materials, or otherwise, from the United States of America or any of its 24 agencies, or the states of Idaho or Washington or any of their agencies or 25 political subdivisions, or the Coeur d'Alene tribe or any of its agencies 26 or subdivisions, or private entities or individuals, or any combinations 27 thereof, and to expend such moneys, services, or materials in carrying on 28 its operations; 29 (n) To exercise all other powers necessary or helpful in carrying out the 30 purposes and provisions of the basin project commission as provided in 31 this chapter and by agreements or compacts between the states of Idaho and 32 Washington, the Coeur d'Alene tribe and the United States of America. 33 39-8107. BASIN FUND AND FINANCING AUTHORITY -- ESTABLISHMENT -- ADMINIS- 34 TRATORS -- POWERS. (1) The basin environmental improvement fund and financing 35 authority is hereby created and shall become operational when the director of 36 the department of environmental quality, by execution of an appropriate order, 37 determines that significant funds have been provided to the financing author- 38 ity from any source, or any one (1) or more agreements or compacts between the 39 state of Idaho and the state of Washington, the Coeur d'Alene tribe or the 40 United States of America providing for participation in the basin project com- 41 mission and financing authority. The financing authority shall be an indepen- 42 dent public body corporate and politic within the meaning of section 1, arti- 43 cle viii, of the constitution of the state of Idaho, with no power to levy 44 taxes or to obligate the general fund of the state of Idaho. 45 (2) The administrator or board of administrators of the financing author- 46 ity shall consist of one (1) representative appointed by the governor of the 47 state of Idaho. Upon participation in the basin project by agreement or com- 48 pact, one (1) representative shall be appointed by the council of the Coeur 49 d'Alene tribe, one (1) representative shall be appointed by the governor of 50 the state of Washington and one (1) representative shall be appointed by the 51 president of the United States of America. Appointments shall be made on the 52 basis of demonstrated investment and financial management expertise. Each 53 administrator shall serve at the pleasure of his or her respective appointing 54 authority and may be removed and replaced at any time. Administrators shall 7 1 not be compensated. Two (2) or more administrators shall constitute a board 2 and may act by majority vote. Meetings shall be held whenever a majority of 3 administrators so request. The administrator or board of administrators shall 4 direct the activities of the financing authority. 5 (3) The funds of the financing authority may include moneys and any 6 income paid in settlement of any claims or lawsuits regarding heavy metals 7 contamination in the basin, annual appropriations by the states of Idaho and 8 Washington or the Coeur d'Alene tribe, receipts from the issuance of bonds and 9 any other source, public or private. To the extent allowed by law, the funds 10 of the financing authority shall not be considered federal funds and shall be 11 available for use as state matching funds for federal grants. 12 (4) The financing authority may administer its funds to maximize income 13 to fund the basin project. The financing authority is hereby authorized to 14 invest any funds not needed for immediate use or disbursement, including any 15 funds held in reserve, in: 16 (a) Bonds, notes and other obligations of the United States of America or 17 any agency or instrumentality thereof and other securities secured by such 18 bonds, notes or other obligations; 19 (b) Money market funds which are insured or the assets of which are lim- 20 ited to obligations of the United States of America or any agency or 21 instrumentality thereof; 22 (c) Time certificates of deposit and savings accounts; and 23 (d) Commercial paper which, at the time of its purchase, is rated in the 24 highest category by a nationally recognized rating service. 25 (5) The financing authority may contract for services deemed necessary to 26 carry out its duties including, but not limited to, financial, legal and 27 accounting services. 28 (6) The financing authority may provide moneys from its funds to the 29 basin project commission not to exceed such amounts as annually may be 30 requested by the basin project commission. 31 (7) The financing authority shall establish its fiscal year, keep records 32 of all investments, expenditures and business transactions and provide for an 33 annual public accounting. 34 (8) The financing authority may exercise all other powers necessary or 35 appropriate to carry out its corporate purposes including, without limitation, 36 the following: 37 (a) To sue and be sued in its own name; 38 (b) To have an official seal and to alter the seal at its pleasure; 39 (c) To maintain an office at a place or places within this state as it 40 may designate; 41 (d) To hire officers, agents and employees as may be required and to pre- 42 scribe its duties; 43 (e) To make and execute contracts and all other instruments necessary or 44 convenient for the exercise of its powers and functions; 45 (f) To obtain insurance against any loss in connection with its property 46 and other assets in amounts and from insurers it deems desirable; 47 (g) To borrow money and issue bonds and notes or other evidences of 48 indebtedness as hereinafter provided; and 49 (h) To the extent permitted under its contract with the holders of bonds, 50 notes and other obligations of the financing authority, to consent to any 51 modification of any contract, lease or agreement of any kind to which the 52 financing authority is a party. 53 39-8108. FINANCING AUTHORITY MAY ISSUE NOTES AND BONDS -- RELATED POWERS 54 AND DUTIES. (1) The financing authority may issue from time to time its notes 8 1 and bonds in a principal amount as the financing authority determines to be 2 necessary to provide sufficient funds for achieving any of its corporate pur- 3 poses, including the payment of interest on notes and bonds of the financing 4 authority, establishment of reserves to secure notes and bonds, and all other 5 expenditures of the financing authority incident to and necessary or conve- 6 nient to carry out its corporate purposes and powers. 7 (2) The financing authority may issue: 8 (a) Bonds or notes, in one (1) or more series, to finance the basin proj- 9 ect or any portion or portions thereof; 10 (b) Notes in anticipation of appropriations or other revenues; 11 (c) Notes to renew notes; and 12 (d) Bonds to pay notes, including the interest thereon, and whenever it 13 deems refunding expedient, to refund any bonds by the issuance of new 14 bonds, whether the bonds to be refunded have or have not matured, and to 15 issue bonds partly to refund bonds then outstanding and partly for any of 16 its corporate purposes. The refunding bonds may be: 17 (i) Exchanged for bonds to be refunded; or 18 (ii) Sold and the proceeds applied to the purchase, redemption or 19 payment of such bonds. 20 (3) Every issue of its notes and bonds shall be special obligations of 21 the financing authority payable out of such fund or funds as shall be speci- 22 fied by the financing authority. 23 (a) The notes and bonds shall be authorized by resolution or resolutions 24 of the financing authority, shall bear a date or dates and shall mature at 25 a time or times as the resolution or resolutions may provide, except that 26 no note shall mature more than one (1) year from the date of its issue and 27 no bond shall mature more than thirty (30) years from the date of its 28 issue. The bonds may be issued as serial bonds payable in annual 29 installments or as term bonds or as a combination thereof. The notes and 30 bonds shall bear interest at a rate or rates, be in denominations, be in a 31 form, either coupon or registered, carry registration privileges, be exe- 32 cuted in a manner, be payable in a medium of payment, at a place or 33 places, and be subject to terms of redemption as the resolution or resolu- 34 tions may provide. The notes and bonds of the financing authority may be 35 sold by the financing authority, at public or private sale, at a price or 36 prices, at, above, or below par, as the financing authority shall deter- 37 mine. 38 (b) Any resolution or resolutions authorizing any notes or bonds or any 39 issue thereof may contain provisions, which shall be a part of the con- 40 tract or contracts with the holders thereof, as to: 41 (i) Pledging all or any part of the revenues to secure the payment 42 of the notes or bonds or of any issue thereof, subject to such agree- 43 ments with noteholders or bondholders as may then exist; 44 (ii) Pledging all or any part of the assets of the financing 45 authority to secure the payment of the notes or bonds or of any issue 46 of notes or bonds, subject to agreements with noteholders or bond- 47 holders as may then exist; 48 (iii) The setting aside of reserves or sinking funds and the regula- 49 tion and disposition thereof; 50 (iv) Limitations on the purpose to which the proceeds of sale of 51 notes or bonds may be applied; 52 (v) Limitations on the issuance of additional notes or bonds, the 53 terms upon which additional notes or bonds may be issued and secured, 54 and the refunding of outstanding or other notes or bonds; 55 (vi) The procedure, if any, by which the terms of any contract with 9 1 noteholders or bondholders may be amended or abrogated, the amount of 2 notes or bonds the holders of which must consent thereto, and the 3 manner in which such consent may be given; 4 (vii) Limitations on the amount of moneys to be expended by the 5 financing agency for operating expenses of the financing authority; 6 (viii) Vesting in a trustee's or trustees' property, rights, powers 7 and duties in trust as the financing authority may determine, which 8 may include any or all of the rights, powers and duties of the 9 trustee appointed by the bondholders pursuant to this chapter, and 10 limiting or abrogating the right of the bondholders to appoint a 11 trustee under this chapter or limiting the rights, powers and duties 12 of the trustee; 13 (ix) Defining the acts or omissions to act which shall constitute a 14 default in the obligations and duties of the financing authority to 15 the holders of the notes or bonds and providing for the rights and 16 remedies of the holders of the notes or bonds in the event of a 17 default, including as a matter of right the appointment of a 18 receiver; provided however, that these rights and remedies shall be 19 consistent with this chapter and the laws of the state of Idaho; 20 (x) Any other matters, of like or different character, which in 21 any way affect the security or protection of the holders of the notes 22 or bonds. 23 (c) Any pledge made by the financing authority shall be valid and binding 24 from the time when the pledge is made; the revenues, moneys or property so 25 pledged and thereafter received by the financing agency shall immediately 26 be subject to the lien of the pledge without any physical delivery thereof 27 or further act, and the lien of the pledge shall be valid and binding 28 against all parties having claims of any kind in tort, contract or other- 29 wise against the financing authority, irrespective of whether the parties 30 have notice thereof. Neither the resolution nor any other instrument by 31 which a pledge is created need be recorded. 32 (d) Neither any administrator of the financing authority nor any other 33 person executing the notes or bonds are subject to any personal liability 34 or accountability by reason of the issuance thereof. 35 (e) The financing authority, subject to agreements with noteholders or 36 bondholders as may then exist, shall have power out of any funds available 37 therefor to purchase notes or bonds of the financing authority, which 38 shall thereupon be canceled, at a price not exceeding: 39 (i) If the notes or bonds are then redeemable, the redemption 40 price, including redemption premium, if any, then applicable plus 41 accrued interest to the next interest payment thereon; or 42 (ii) If the notes or bonds are not then redeemable, the redemption 43 price applicable on the first date after such purchase upon which the 44 notes or bonds become subject to redemption plus accrued interest to 45 such date. 46 (f) In the discretion of the financing authority, the bonds may be 47 secured by a trust indenture by and between the financing authority and a 48 corporate trustee which may be any trust company or bank having the power 49 of a trust company in the state. The trust indenture may contain provi- 50 sions for protecting and enforcing the rights and remedies of the bond- 51 holders as may be reasonable and proper and not in violation of law, 52 including covenants setting forth the duties of the financing authority in 53 relation to the exercise of its corporate powers and the custody, safe- 54 guarding and application of all moneys. The financing authority may pro- 55 vide by a trust indenture for the payment of the proceeds of the bonds and 10 1 the revenues to the trustee under the trust indenture or other depository, 2 and for the method of disbursement thereof, with safeguards and restric- 3 tions as it may determine. All expenses incurred in carrying out the trust 4 indenture may be treated as a part of the operating expenses of the 5 financing agency. If the bonds are secured by a trust indenture, the bond- 6 holders have no authority to appoint a separate trustee to represent them. 7 (g) Whether or not the notes and bonds are of a form and character as to 8 be negotiable instruments under the terms of the uniform commercial code, 9 the notes and bonds are hereby made negotiable instruments within the 10 meaning, and for all the purposes, of the uniform commercial code, subject 11 only to the provisions of the notes and bonds for registration. 12 (h) In case any of the administrators or officers of the financing 13 authority whose signatures appear on any notes or bonds or coupons shall 14 cease to be administrators or officers before the delivery of the notes or 15 bonds, the signatures shall, nevertheless, be valid and sufficient for all 16 purposes, the same as if the administrators or officers had remained in 17 office until delivery. 18 (4) The financing authority may provide for the issuance of refunding 19 obligations for the purpose of refunding any obligations then outstanding 20 which have been issued under the provisions of this chapter, including the 21 advance refunding of obligations as provided by section 57-504, Idaho Code, 22 and including the payment of any redemption premium thereon and any interest 23 accrued or to accrue to the date of redemption of such obligations and for any 24 corporate purpose of the financing authority. The issuance of the obligations, 25 the maturities and other details thereof, the rights of the holders thereof, 26 and the rights, duties and obligations of the financing authority in respect 27 of the same shall be governed by the provisions of this chapter which relate 28 to the issuance of obligations, insofar as such provisions may be appropriate. 29 (5) Refunding obligations issued as provided in subsection (4) of this 30 section may be sold or exchanged for outstanding obligations issued under this 31 chapter and, if sold, the proceeds thereof may be applied, in addition to any 32 other authorized purposes, to the purchase, redemption or payment of such out- 33 standing obligations. Pending the application of the proceeds of any refunding 34 obligations, with any other available funds, to the payment of the principal, 35 accrued interest and any redemption premium on the obligations being refunded, 36 and, if so provided or permitted in the resolution authorizing the issuance of 37 the refunding obligations or in the trust agreement securing the same, to the 38 payment of any interest on the refunding obligations and any expenses in con- 39 nection with refunding, the proceeds may be invested in direct obligations of, 40 or obligations the principal of and the interest on which are unconditionally 41 guaranteed by the United States of America which shall mature or which shall 42 be subject to redemption by the holders thereof, at the option of the holders, 43 not later than the respective dates when the proceeds, together with the 44 interest accruing thereon, will be required for the purposes intended. 45 (6) All funds of the financing authority except as otherwise authorized 46 or provided in this chapter shall be deposited as soon as practicable in a 47 separate account or accounts in banks or trust companies organized under the 48 laws of the state of Idaho or the national banking association. The moneys in 49 the accounts shall be paid out on checks signed by the chair of the board of 50 administrators or other officers or employees of the financing authority as 51 the administrators authorize. All deposits of the moneys shall, if required by 52 the financing authority, be secured by obligations of the United States of 53 America, of the state or of any municipalities or political subdivisions or 54 agencies of the state at a market value equal at all times to the amount of 55 the deposit, and all banks and trust companies are authorized to give security 11 1 for the deposits. 2 (7) Notwithstanding the provisions of this section, the financing author- 3 ity may contract with the holders of any of its notes or bonds as to the cus- 4 tody, collection, securing, investment and payment of any moneys of the 5 financing authority and of any moneys held in trust or otherwise for the pay- 6 ment of notes or bonds, and to carry out the contract. Moneys held in trust or 7 otherwise for the payment of notes or bonds or in any way to secure notes or 8 bonds and deposits of the moneys may be secured in the same manner as moneys 9 of the financing authority, and all banks and trust companies are authorized 10 to give security for the deposits. 11 (8) The financing authority may contract with the holders of bonds or 12 notes with respect to the rights of such holders in the event of a default in 13 the payment of principal or interest on such bonds or notes. 14 39-8109. NOTES AND BONDS -- STATE WILL NOT IMPAIR VESTED RIGHTS. The 15 state pledges to and agrees with the holders of any notes or bonds issued 16 under this chapter that the state will not limit or alter the rights hereby 17 vested in the financing authority to fulfill the terms of any agreements made 18 with the holders thereof or in any way impair the rights and remedies of the 19 holders until the notes and bonds, together with the interest thereon, with 20 interest on any unpaid installments of interest, and all costs and expenses in 21 connection with any action or proceeding by or on behalf of the holders, are 22 fully met and discharged. The financing authority may include this pledge and 23 agreement of the state in any agreement with the holders of the notes or 24 bonds. 25 39-8110. LIMITATION OF LIABILITY -- NOTES AND BONDS ARE NOT A DEBT OF THE 26 STATE. The notes, bonds or other obligations of the financing authority are 27 not an indebtedness or obligation of the state of Idaho, or of any department, 28 board, commission, agency, political subdivision, body corporate and politic, 29 or instrumentality of a municipality or county within the state, nor shall 30 such notes, bonds or obligations of the financing authority constitute the 31 giving or loaning of the credit of the state of Idaho, or of any department, 32 board, commission, agency, political subdivision, body corporate and politic 33 or instrumentality of a municipality or county within the state, nor shall 34 they be payable out of any funds other than those of the financing authority; 35 and the notes and bonds shall contain on the face thereof a statement to that 36 effect. 37 39-8111. STATE MAY MAKE GRANTS TO FINANCING AUTHORITY. The state may make 38 grants of money or property to the financing authority for the purpose of 39 enabling it to carry out its corporate purposes and for the exercise of its 40 powers including, but not limited to, deposits to the reserve funds. This sec- 41 tion does not limit any other power the state may have to make grants to the 42 financing authority. 43 39-8112. NOTES AND BONDS OF FINANCING AUTHORITY ARE LEGAL INVESTMENTS. 44 The notes and bonds of the financing authority are legal investments in which 45 all public officers and public bodies of this state, its political subdivi- 46 sions, all municipalities and municipal subdivisions, all insurance companies 47 and associations and other persons carrying on an insurance business, all 48 banks, bankers, banking associations, trust companies, savings banks and sav- 49 ings associations, including savings and loan associations, building and loan 50 associations, investment companies and other persons carrying on a banking 51 business, all administrators, guardians, executors, trustees and other fidu- 12 1 ciaries, and all other persons whatsoever who are now or may hereafter be 2 authorized to invest in bonds or in other obligations of the state, may prop- 3 erly and legally invest funds, including capital, in their control or belong- 4 ing to them. The notes and bonds are also hereby made securities which may 5 properly and legally be deposited with and received by all public officers and 6 bodies of the state or any agency or political subdivision of the state and 7 all municipalities and public corporations for any purpose for which the 8 deposit of bonds or other obligations of the state is authorized by law. 9 39-8113. NOTES AND BONDS OF FINANCING AUTHORITY ARE TAX EXEMPT. The basin 10 project commission and the financing authority perform essential governmental 11 functions in the exercise of the powers conferred upon them under this chap- 12 ter. The notes and bonds of the financing authority issued under this chapter, 13 and the income therefrom, including any profit made on the sale thereof, and 14 all its fees, charges, gifts, grants, revenues, receipts, and other moneys 15 received, pledged to pay or secure the payment of the notes or bonds, are 16 exempt from taxation by the state, municipalities and all other political sub- 17 divisions of the state. Any property acquired or used by the basin project 18 commission consistent with this chapter are exempt from taxation and assess- 19 ments. 20 39-8114. CHAPTER NOT A LIMITATION OF POWERS. This chapter does not 21 restrict or limit the powers which the basin project commission or financing 22 authority might otherwise have under any laws of this state, and this chapter 23 is cumulative to those powers. This chapter provides an additional and alter- 24 native method for actions authorized and shall be regarded as supplemental and 25 additional to powers conferred by other laws. However, the issuance of bonds, 26 notes and other obligations and refunding bonds under this chapter need not 27 comply with the requirements of any other state law applicable to the issuance 28 of bonds, notes and other obligations. Contracts for the construction and 29 acquisition of any facilities undertaken pursuant to this chapter need not 30 comply with any other state law applicable to contracts for the construction 31 and acquisition of state owned property. No proceedings, notice or approval is 32 required for the issuance of any bonds, notes and other obligations or any 33 instrument as security therefor, except as is provided in this chapter. 34 39-8115. INCONSISTENT LAWS -- THIS CHAPTER CONTROLS. If any provision of 35 this chapter is inconsistent with the provisions of any other law, general, 36 specific or local, the provisions of this chapter control. 37 SECTION 3. An emergency existing therefor, which emergency is hereby 38 declared to exist, this act shall be in full force and effect on and after its 39 passage and approval, provided however that Section 1 of this act shall become 40 effective only upon the execution of the order pursuant to Section 39-8106, 41 Idaho Code, and a filing of the order with the Governor and the Secretary of 42 State.
STATEMENT OF PURPOSE RS 10597C1 To provide authority for locally-controlled heavy metal cleanup in the Coeur d'Alene Basin as opposed to a federally-controlled Superfund cleanup. This bill will establish authority for creation of a new Basin Project Commission to succeed and replace the current planning-oriented Coeur d'Alene River Basin Commission. The new commission will have the authority necessary to undertake and maintain long-term cleanup actions. The bill establishes a separate financing authority with responsibility for collecting and managing funds from negotiated settlements and all other federal and state sources. The implementation of this legislation creating the new commission is dependent upon one of two specific actions: 1) agreement being reached between any two of the parties; or, 2) the receipt of significant funds from the parties or congress. FISCAL IMPACT This bill does not make, or affect, any current appropriation; require any future appropriation or affect the revenues of the state or any unit of local government. If utilized, cleanup under this alternative could avoid required state appropriations to meet Superfund's ten percent (10%) state match of potentially $100 million AND avoid permanent ongoing operation and maintenance requirements. Funding is anticipated to come from direct federal appropriations, settlement with responsible parties and state funds earmarked for Basin cleanup. Contact Name: Steve Allred, DEQ Phone: 373-0240 Lt. Governor Jack Riggs-334-2200 Senator John Goedde-332-1000 Representative Don Pischner-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 25